[Adopted 7-28-1993 by Ord. No. 93-2336; amended in its entirety 2-27-1995 by Ord. No. 95-2395; 9-19-2011 by Ord. No.
2011-3041 (Ch. 230, Art. III, of the 1996 Township
Code)]
The purpose of this article shall be to regulate the disposal
and curbside collection activities of residents and commercial landscapers
within the Township of Middletown, limiting the times and amounts
of leaves and brush that may be disposed of curbside throughout the
year.
As used in this article, the following terms shall have the
meanings indicated:
The organic products derived from the trimming, pruning or
cutting of shrubs, branches, trees, fallen leaves or other woody vegetation.
In no circumstance shall tree stumps or grass clippings be disposed
of curbside.
Any person or entity whose business involves trimming, pruning,
cutting, removing or maintaining shrubs, bushes and trees, or raking
or blowing leaves for hire.
A property owner, tenant or caretaker of any property within
the Township.
Chapter 423, Stormwater Regulations, of the Code of the Township of Middletown covers the Township's stormwater regulations governing the Township's yard waste collection program rules that are in conformance with NJDEP regulations, which shall not be preempted by this article in the case of any conflict.
The same as "commercial landscaper."
The following activities associated with the disposal of brush
and tree cuttings shall be adhered to:
A.
Disposal of brush, leaves and tree cuttings by commercial landscapers.
(1)
Any commercial landscaper planning to work on any property within
the Township of Middletown where brush and tree cuttings will be generated
or disposed of shall first obtain a license from the Department of
Public Works, Parks, and Engineering.[1]
(2)
Commercial landscapers working within the Township of Middletown
shall be responsible for disposal of all brush, leaves and tree cuttings
generated and shall not place any brush, leaves and tree cuttings
along the street or for curbside collection.
(3)
Commercial landscapers may dispose of brush, leaves and tree cuttings by making arrangements with the Director of Public Works. The fee for disposal shall be as set forth in Chapter 240, Fees. Tree stumps shall not be included.
(4)
Commercial landscapers may not operate within the Township of Middletown without first procuring a license to be issued by the Department of Public Works, Parks, and Engineering. Each such license shall be issued for a period of one year from the date of its issuance and be issued upon the payment of a license fee as provided in Chapter 240, Fees. The license application shall include the name, address and telephone number of the commercial landscaper together with the name, address and telephone number of the principals of such enterprise, and shall indicate whether the applicant is incorporated, a partnership, or individual proprietorship.[2]
(5)
There shall be no restrictions on the number of such licenses issued.
(6)
Commercial landscapers must be thus licensed to perform any commercial
landscaping services within the Township of Middletown and to bring
any brush, leaves or tree cutting to Township collection sites.
B.
Disposal of brush, leaves and tree cuttings by residents.
(1)
Residents performing work on their own properties shall be permitted to dispose of up to four cubic yards (comparable to a brush pile measuring two feet wide by three feet high by 18 feet long) of brush, leaves and tree cuttings via curbside collection at any one scheduled official municipal collection date in conformance with the Township's Stormwater Regulations contained under Chapter 423.
[Amended 3-2-2020 by Ord. No. 2020-3286]
(2)
Individual brush and tree limbs placed for curbside collection cannot
exceed a maximum length of three feet, a maximum diameter of eight
inches and shall not exceed 50 pounds in weight.
(3)
Residents shall not include tree stumps, lumber, plywood, fence posts,
railroad ties, furniture or other manufactured wood products as part
of the curbside collection of brush, leaves and tree cuttings.
(4)
Property owners shall not place brush, leaves and tree cuttings for curbside collection more than one week prior to their scheduled collection date in conformance with the Township's Stormwater Regulations contained under Chapter 423.
(5)
Curbside collection of brush, leaves and tree cuttings shall occur
based on schedules annually adopted by the Township Committee based
on available resources for the provision of such services that shall
be noticed on the Township website and through other Township communications.
(6)
Residents may choose to dispose of brush, leaves and tree cuttings by reuse and/or composting on their own properties. Brush, leaves and tree cuttings may be stored within side or rear yards. However, no brush or tree cuttings may be stored within the required front yard or street side yard except for curbside collection in accordance with the standards of this section and in conformance with the Township's Stormwater Regulations contained under Chapter 423.
(7)
Residents who generate more than four cubic yards' worth of waste
and who choose not to store the materials on their property will be
required to individually arrange for the pickup and disposal of the
materials.
[Amended 3-2-2020 by Ord. No. 2020-3286]
C.
Placement of materials.
(2)
No brush, leaves or tree cuttings shall be placed, stored or otherwise
disposed of on any adjoining private property, without permission
of said adjoining property owner.
(3)
No brush, leaves or tree cuttings shall be placed, stored or otherwise
disposed of on any public property.
(4)
No brush or tree cuttings shall be placed, stored or otherwise disposed
of on any common open space area without approval of the entity controlling
said common open space.
(5)
No brush or tree cuttings shall be placed, stored or otherwise disposed
of within ponds, lakes, streams, swamps, marshes, wetlands, wetland
buffers, conservation easements, nontidal floodways or similar watercourses.
D.
Collection of materials.
[Amended 3-2-2020 by Ord. No. 2020-3286]
(1)
Leaves or brush shall not be set out for curbside collection more
than one week prior to the scheduled cleanup date for the street.
(2)
Leaves or brush shall not be set out for curbside collection within
10 feet of any stormwater inlet or sewer.
(3)
Once public works has cleaned a street, residents must dispose of
their leaves or brush by taking same to the appropriate Township collection
site or some other proper off-site disposal facility.
(4)
Leaves or brush shall never be placed in the street so as to cause
a safety hazard or interfere with the ability of vehicles or pedestrians
to safely use or travel upon the street.
A.
The Department of Public Works, Parks, and Engineering shall issue
licenses to commercial landscapers. The Department of Public Works,
Parks, and Engineering may check all locations where notices have
been issued to determine that these regulations are being adhered
to.[1]
B.
The Department of Public Works, Parks, and Engineering shall notify
any resident or commercial landscaper of a violation of these regulations
by providing the resident or commercial landscaper with a written
warning.
C.
Should the violations in the written warning issued by the Department
of Public Works, Parks, and Engineering not be cured within one week
of issuance, the Police Department and Code Enforcement Officers have
the authority to issue summonses for violations of this article. In
addition, the Department of Public Works, Parks, and Engineering may
also clean up the improperly disposed materials and assess the costs
of removal and disposal of the same against the responsible resident
pursuant to the processes provided under N.J.S.A. 40:65-12.
D.
Should it, however, be determined by the Police Department or Code Enforcement Officials that any improper curbside or other disposal of brush, leaves, tree cuttings or other material pose an imminent danger to the health, safety or welfare, the Department of Public Works, Parks, and Engineering shall be immediately notified to remove the improperly disposed materials and assess the costs of removal and disposal of the same against the responsible resident pursuant to the processes provided under N.J.S.A. 40:65-12 and citations for penalties in conformance with § 415-16 hereof shall be issued by the Police Department and Code Enforcement Officers.
